CCPR/C/114/D/2134/2012
versión libre statements before the special court for justice and peace, none of them
acknowledged the disappearance of Mr. Anzola and Mr. Molina. During the
proceedings, Commander Isaza claimed that he had “developed Alzheimer’s” and had
forgotten everything about alleged human rights violations. The authors note that the
Human Rights Committee, the Committee against Torture and the Committee on the
Rights of the Child have all expressed concern over Act No. 975 and its compatibility
with the Colombian State’s obligation to investigate serious violations and try and
punish the perpetrators.
2.13 The Colombian Commission of Jurists, meanwhile, submitted petitions on behalf
of the authors, requesting information about the enforced disappearance of Mr. Anzola
and Mr. Molina. The petitions were addressed to the Justice and Peace Unit of the
Attorney General’s Office (23 September 2010 and 18 January 2011), the Executive
Directorate of the Military Criminal Justice System (22 September 2010), the Counsel
General (24 September 2010), the Attorney General’s Office (18 January 2011) and
the Puerto Triunfo District Office of the Attorney General (12 January 2011).
2.14 On 17 November 2010, the Fourteenth Brigade of the army replied that
information had been sought from the commander of Infantry Battalion No. 3, which
had been operating in the area where the enforced disappearance of Mr. Anzola and
Mr. Molina took place, but no details had been forthcoming and no disciplinary
investigation had been conducted in that connection.
2.15 On 11 October 2010, the Ministry of Defence replied that, as the offence had not
been committed in the line of duty, it fell outside the jurisdiction of the military
criminal courts.
2.16 On 30 September 2010, the Counsel General’s Office stated that there was no
disciplinary investigation into the enforced disappearance of Mr. Anzola and Mr.
Molina.
2.17 The authors submit that, even though numerous complaints were l odged with the
police and the public prosecutor ’s office and proceedings were instituted before the
disciplinary and criminal justice authorities at the local, departmental and national
levels, the case has not been properly investigated.
Context: Enforced disappearances by paramilitary groups in the Middle Magdalena
region
2.18 The authors point out that there is a heavy military presence in the Middle
Magdalena region. With the emergence in the region of the guerrilla forces of Ejército
de Liberación Nacional (National Liberation Army) and the arrival of various factions
of the guerrilla group Fuerzas Armadas Revolucionarias de Colombia (Revolutionary
Armed Forces of Colombia), the armed forces decided to give priority to the region in
a process of militarization that reached its peak in the 1980s. The armed forces
committed crimes against the population, with the support of paramilitary groups
which claimed responsibility for the crimes using various names (MAS, Macetos, Los
Tiznados, among others). According to investigations conducted by the Counsel
General’s Office and criminal court judges, these groups were formed and/or
supported by the Colombian army 2 and their legitimacy was recognized publicly by
the highest-ranking officials in the armed forces. The groups developed and associated
themselves with legally constituted organizations such as the Middle Magdalena
Campesino Farmers Association (ACDEGAM) 3 and even a political party,
__________________
2
3
GE.15-15601
El proceso de paz en Colombia, 1982–94 – Compilación de documentos, Tomo I, Biblioteca de la
Paz, Office of the High Commissioner for Peace, Bogotá, 1998, pp. 510-514.
According to the Amnesty International report of 1994 entitled Violencia política en Colombia:
mito y realidad (Political violence in Colombia: myth and reality), in late 1989 judicial police
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